McLaughlin

McLaughlin v. Los Angeles Ry. Corp.

Good Law
180 Cal. 527·1919 Cal. LEXIS 520·182 P. 44
Supreme Court of CaliforniaJune 9, 1919L. A. No. 4885.California4,958 words

Opinion

Lead Opinion

Lennon, J.

This is an appeal by the defendant from a judgment in the sum of $750, entered in favor of the plaintiffs, who sued as the children and sole heirs of Mrs. Adelia Ackerson, to recover damages for _ her death, which was alleged to -have been caused by the negligence of the defendant in the operation of two street-cars on East Seventh Street, in the city of Los Angeles. The action was tried by the court without a jury.

The undisputed facts are these: Mrs. Ackerson started to cross from the south to the north side of East Seventh Street at a point between San Julian and Wall Streets at about 6 o’clock on the evening of January 15, 1915. The defendant was operating a street-car line with a double track on this street. At the time in question, ears were approaching from opposite directions along these tracks at a reasonable rate of speed. No other vehicles were present. It was after nightfall, hut the street was artifieally lighted and the headlights and interior lights of both ears were burning brightly. The deceased, although she was sixty-six years of age, was an active woman in full possession of her faculties save for being a little hard of hearing. Both motormen saw her and…

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